Senra v. Cunningham

CourtCourt of Appeals for the First Circuit
DecidedNovember 16, 1993
Docket93-1064
StatusPublished

This text of Senra v. Cunningham (Senra v. Cunningham) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Senra v. Cunningham, (1st Cir. 1993).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-1064

JOSEPH SENRA AND MARIA SENRA,

Plaintiffs-Appellants,

v.

STEPHEN CUNNINGHAM, ET AL.,

Defendants-Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ronald R. Lagueux, U.S. District Judge]
___________________

____________________

Before

Torruella, Circuit Judge,
_____________

Campbell, Senior Circuit Judge,
____________________

Boudin, Circuit Judge.
_____________

_____________________

Stephen J. Fortunato, Jr., with whom Fortunato & Tarro, was
_________________________ __________________
on brief for appellants.
Marc DeSisto, with whom Carroll, Kelly & Murphy, was on
_____________ _________________________
brief for appellees Stephen Cunningham and Douglas Laird.

____________________

November 16, 1993
____________________

TORRUELLA, Circuit Judge. Plaintiff-appellants Joseph
_____________

and Mar a Senra sued two Cumberland, Rhode Island police

officers, Stephen Cunningham and Douglas Laird, for violation of

their constitutional rights under 42 U.S.C. 1983 and various

state laws. Mr. Senra alleged that he had been falsely arrested

and imprisoned, subjected to excessive force, and maliciously

prosecuted; Mrs. Senra claimed only that the officers had used

excessive force against her during the arrest of her husband. At

the close of the evidence, the district court granted defendants'

motion for judgment as a matter of law on the malicious

prosecution claims. The remaining counts went to a jury, which

found for the police officers. The court then denied plaintiffs'

motion for a new trial, and plaintiffs appealed. For the reasons

stated herein, we affirm.

I
I

Background
Background
__________

On May 20, 1989, at approximately 11:30 p.m., Mr. Senra

struck a neighbor's car while driving home. Instead of stopping,

he proceeded to his house just down the street, purportedly

intending to settle the matter the next day. The neighbor heard

the accident and learned from a bystander that Mr. Senra had hit

his car. The neighbor called the police and went to Mr. Senra's

home, where he was told to return in the morning.

The Senras claim that Mr. Senra answered the door when

the police arrived, but before he could explain, he was grabbed

by the officers, dragged out of the house, and thrown over some

-2-

hedges in the front lawn. During the struggle, his right arm,

which was withered from polio, was broken.

The police officers offer a different version of the

story. They contend that no one answered when they originally

knocked at the Senras' door. Mr. Senra only appeared later after

the officers remained in the yard to wait for a tow truck they

had called to remove Mr. Senra's car. The officers smelled

alcohol on his breath and noticed that he was staggering. Mr.

Senra shouted vulgarities at the officers and flailed his arms.

He then lost his balance, tripped over the shrubbery, and fell to

the ground. At that point, Officer Laird approached Mr. Senra to

restrain him and a struggle ensued. The officers contend that

Mr. Senra attempted to hit, kick, and bite Officer Laird and that

Mr. Senra kicked Officer Cunningham in the groin when he tried to

assist Officer Laird.

The Senras claim that, after Mr. Senra was attacked

without provocation, Mrs. Senra sought to assist her husband.

They maintain that one of the officers hit her in the stomach,

loosening stitches from her recent hysterectomy. The officers

assert that Mrs. Senra and her daughter struck and kicked them

while they sought to restrain Mr. Senra. Mrs. Senra ultimately

locked herself in the car to prevent its removal.

After the altercation subsided, Mr. Senra informed the

officers of the pain in his arm. He was taken to a hospital,

where he learned that his arm was broken. A nurse from the

hospital testified that Mr. Senra was uncooperative, combative

-3-

and vulgar when he arrived and that a blood test revealed that

his blood alcohol level exceeded the permissible limit for

driving a motor vehicle.

Mr. Senra was later charged with assaulting a police

officer, disorderly conduct, and leaving the scene of an

accident. A jury acquitted him of assault, and a judge granted

his motion for judgment of acquittal on the disorderly conduct

charge. The motor vehicle offense was administratively

dismissed.

The Senras then brought this action in the district

court seeking damages. After an unfavorable outcome, the Senras

appealed.

II
II

Jury Instructions
Jury Instructions
_________________

The Senras first assign error to the district court's

refusal to consider jury instructions that they offered shortly

before the close of the evidence. The court rejected the

instructions because, in its view, the plaintiffs' proffer

arrived too late, in violation of the court's Amended Pretrial

Order. That Order required the parties to submit "full and

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